2003 House Bill 4603

Introduced in the House

April 30, 2003

Introduced by Rep. David Robertson (R-51)

To define as a legally born person for all purposes under the law a partially delivered fetus (or “perinate”), if it has a detectable heartbeat, evidence of breathing, or evidence of spontaneous movement. A doctor would be prohibited from harming a perinate unless the procedure was necessary to save the life of the mother, and every reasonable effort was made to preserve the life of both the mother and the perinate. The bill would have the effect of prohibiting “partial birth abortion” in Michigan.

Referred to the Committee on Families and Childrens Services

May 6, 2003

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 8, 2003

Substitute offered

To replace the previous version of the bill with one which defines as a legally born person for all purposes under the law a partially delivered fetus (or “perinate”), if it has a detectable heartbeat, evidence of breathing, or evidence of spontaneous movement.

The substitute passed by voice vote

Amendment offered by Rep. Artina Tinsley Hardman (D-3)

To allow a physician to perform a partial birth abortion in order to protect the health of the mother, not just to save the life of the mother.

The amendment failed 34 to 73 (details)

Amendment offered by Rep. David Robertson (R-51)

To extend the definition of "live" for purposes of defining a perinate as a live human being to include signs of umbilical cord pulsation.

The amendment passed by voice vote

Amendment offered by Rep. Barb Vander Veen (R-89)

To establish circumstances in which a doctor would be allowed to perform a procedure that results in injury or death of a perinate. These would include cases of spontaneous abortion. Also, in cases where in the physician's reasonable medical judgment the procedure was necessary to save the life of the mother and every reasonable effort was made to preserve the life of both the mother and the perinate, or to avert an imminent threat to the physical health of the mother, and any harm to the perinate was incidental to treating the mother and not a known or intended result of the procedure performed.

The amendment passed by voice vote

Passed in the House 74 to 29 (details)

To define as a legally born person for all purposes under the law a partially delivered fetus (or “perinate”), if it has a detectable heartbeat, evidence of breathing, or evidence of spontaneous movement. (Courts have traditionally used a definition based on when a fetus takes its first breath.) A doctor would be prohibited from harming a perinate unless the procedure was necessary to save the life of the mother, and every reasonable effort was made to preserve the life of both the mother and the perinate. The bill would have the effect of prohibiting “partial birth abortion” in Michigan.

Received in the Senate

May 13, 2003

Referred to the Committee on Judiciary